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Lottery Winners - Entitlement to Privacy?

24

Comments

  • Registered Users, Registered Users 2 Posts: 21,327 ✭✭✭✭Donald Trump


    Key word "actionable". You didn't include that earlier, neither did anyone else

    A statement can be defamatory whether it is true or not.

    That it is true can be used as a defence. However, whether the statement was defamatory or not does depend on subsequent defence and result of that defence.

    Basically, if someone defames you with a true statement, and they can prove it to be true, you would be wasting your time trying to sue them for damages. It doesn't change that the statement was defamatory. Just that you won't get any money.


    Conversely, despite your link, you can win your claim even if the defamatory statement is true. You would need to prove only that the statement was defamatory. You would not have to prove it was false. The onus would be on the other side to prove it were true in order to use that defence! It might be true but they might be unable to prove that.


    As this is the legal forum, I expect there are others who can confirm.



  • Registered Users, Registered Users 2 Posts: 284 ✭✭boardlady


    Apart from rural locations simply knowing you and noticing sudden large spends, CCTV will easily identify you. I'm sure the lotto system - when identifying the shop the winning ticket was bought in, also identifies the date - and maybe the exact time. Thus a shop owner (or any member of staff) can look up the CCTV footage from the day? I know my local Spar - very rural - is prolific in identifying people (generally for good!) using their CCTV footage 😃



  • Posts: 8,856 ✭✭✭ [Deleted User]


    And also, the spending habits of someone who has family, a wide circle of friends and wins a few million will be much more modest than that of someone who wins 220mill - out of respect I won’t mention the 115 mill west of Ireland lotto Winner by name but she and her family have been in and out of the news ever since for various reasons- you’d be much better off winning just say even 10 mill - stay anonymous and the win would be forgotten by tomorrow’s fish and chips dinner. I’d hate to win 220 mill



  • Registered Users, Registered Users 2 Posts: 6,773 ✭✭✭Claw Hammer


    That is a poor analysis. Truth is an absolute defence to defamation. If the statement is true a key ingredient of the tort is not made out. I can negligently do something to you but if you don't suffer loss, the tort of negligence is not complete and you wouldn't succeed in a suit.



  • Posts: 0 [Deleted User]


    The National Lottery seems to do its best to ensure privacy if it’s wanted. Mostly where privacy has been blown, it’s been by the winner themselves or their friends and family.

    You’re not going to keep something like that hidden for very long.



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  • Moderators, Recreation & Hobbies Moderators Posts: 5,890 Mod ✭✭✭✭irish_goat


    But the Lotto have no reason to inform the shop of the date or time the ticket was bought. All the shop can do is look at several days worth of CCTV to try and spot anyone who bought a ticket and then try and guess who was the winner.



  • Registered Users, Registered Users 2 Posts: 284 ✭✭boardlady


    But they do inform the shop. And that then makes the headlines.



  • Registered Users, Registered Users 2 Posts: 5,301 ✭✭✭Snickers Man


    Like the wise man said: "Lotteries are simply a tax on stupidity!"



  • Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,793 Admin ✭✭✭✭✭hullaballoo



    The definition of defamation under the 2009 Act (“defamatory statement” means a statement that tends to injure a person’s reputation in the eyes of reasonable members of society, and “defamatory” shall be construed accordingly) has been in place for long enough now that this myth should not still be doing the rounds amongst lawyers. A defamatory statement does not need to be false for the tort to be complete. All that is required for the tort to be made out is that a defamatory statement is published. The other poster's analysis in that regard is spot on.

    X can publish a true but defamatory statement about Y and Y can succeed in their action against X if X cannot establish in evidence that the statement is true.



  • Registered Users, Registered Users 2 Posts: 6,773 ✭✭✭Claw Hammer


    Truth is an absolute defence. Clearly if the truth of the statement is not proven the tort is made out since it is presumed false. Simple proof of the making a defamatory statement of itself does not establish the tort.



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  • Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,793 Admin ✭✭✭✭✭hullaballoo


    There's no reference in the legislation describing the tort to the veracity of the statement to begin with. Repeatedly stating that truth is an absolute defence, while an accurate statement in itself, does not mean that a defamatory statement must be false for it to be defamation.



  • Registered Users, Registered Users 2 Posts: 2,885 ✭✭✭wandererz


    Setup an account with Coutts in London.

    Have the Lottery transfer the funds there.

    Then announce an exciting "new job" in a foreign country which will require a move.

    Put the house up for rent or sale and get the hell out Ireland. Anywhere.

    Hire a PA (say €80K/year) and have them plan & manage your journey around the world including private jet hire, hotels, villas, cars, yachts etc.



  • Moderators, Recreation & Hobbies Moderators Posts: 5,890 Mod ✭✭✭✭irish_goat


    There is not a hope the Lotto tell the shop at what exact time they sold the winning ticket.



  • Registered Users, Registered Users 2 Posts: 3,084 ✭✭✭Shelflife


    The lotto dont tell the shop the time or the day or the type of ticket sold if there is a winner.

    You get told that you have a winner and thats it.

    I cant imagine many shopkeepers having the time or the inclination in trawling through their cctv in order to try and identify the winner.

    If you did you could be fined under the gdpr regulations, probably lose your lotto licence and leave yourself open to a civil case if you made public what you found out.



  • Registered Users, Registered Users 2 Posts: 21,327 ✭✭✭✭Donald Trump


    Ironically, your own analysis of my post is very poor. You are free to think, as the poster appeared to think, that in order to prove defamation that you must prove the statement is false. That is wrong. You may look up the definition of a defamatory statement if you so wish. You won't see any dependence on falsehood or truth.

    Let's suppose I am aware of common rumours that Claw Hammer is addicted to cocaine. You are addicted to it, but you keep it out of the public eye. I publish the claim in my newspaper. Now I don't have any proof or anyone who will give evidence to the fact. I have good journalistic sources who have confirmed it to me "off the record".

    Is the statement defamatory? Can you sue me for damages? Will you need to prove that it is false in order for your case to prevail?

    Hint - The answers are yes, yes and no respectively.


    Edit, I see Hullabaloo backed up my previous post. Thanks



  • Registered Users, Registered Users 2 Posts: 6,773 ✭✭✭Claw Hammer


    You are confusing an evidential issue with a substantial issue. If you bring a defamation case you have to plead that the offending statement was false. You have to lead evidence in accordance with your pleadings to succeed.

    You are trying to make the false differ from a a phrase which the defendant cannot show to be true. It is a bogus argument.



  • Registered Users, Registered Users 2 Posts: 1,145 ✭✭✭paddy19


    Not a legal answer I know, but the obvious answer is to play lotto online.

    No shopkeeper, I assume no location released by the lottery.

    I like the earlier post about the new foreign job and hiring a PA to manage your world tour...

    That's my plan.... :)

    As for getting a lawyer to collect my winnings..... that's way too much faith in the legal profession for me....



  • Registered Users, Subscribers, Registered Users 2 Posts: 6,640 ✭✭✭hometruths


    If you buy a physical ticket I know you can get a few different people to sign it and share the winnings tax free, but is that the case if you buy ticket online?



  • Posts: 8,856 ✭✭✭ [Deleted User]


    Good question- I know we’re all just dreamers here on this thread but there would be massive tax implications after if you collected the winnings of such a large jackpot yourself and THEN decided to share out some of the proceeds- I’ve thought about that in the past in terms of how I would call the ticket a “family syndicate” ticket with varying percentages going to various family members- I guess you could bring along a signed document stating the percentage share each family member is getting - however for a significant win, I do wonder if Revenue would then try and challenge the validity of that- doing it all upfront is probably the best way and have such a document dated and evidenced well in advance of any win



  • Registered Users, Registered Users 2 Posts: 1,145 ✭✭✭paddy19


    As far as sharing winnings, it doesn't matter whether you buy a physical ticket or an online ticket.

    Signing the ticket is just one process to show multiple winners.

    For online winners you just let the lottery that there is syndicate, they will supply the required documents.

    Best bet is generate a syndicate agreement, the lottery have a standard one available for download.




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  • Registered Users, Registered Users 2 Posts: 5,367 ✭✭✭JimmyVik



    A guy in my home place won a few million on the lottery.

    Alcho and all round total knob end who nobody liked.

    Everyone became his friend. He eventually bought a pub the other side of the country.

    Last I ever heard of him.

    If i won the lottery it would be off to the Bahamas I would go.

    Wouldnt care who knew id won back at home :)



  • Registered Users, Registered Users 2 Posts: 21,327 ✭✭✭✭Donald Trump


    No confusion here. You should stop digging at this point. You are wrong. A statement can be defamatory if true. Simple as. QED.


    You have now attempt to shift the goalposts to make some wholly irrelevant point that the person would have to claim it was false.They actually would not. They would only need to do so to counter, or preempt, a defense that it was true. If the defendant offered no such defense, then the plaintiff would not even need to go there.

    Either way, whether true or not, the statement would standalone as defamatory based on the definition in law of a defamatory statement.

    This is pretty basic stuff.



  • Registered Users, Registered Users 2 Posts: 6,773 ✭✭✭Claw Hammer


    They have to plead it is false since if it is true the statement could not lower estimation of the person in the eyes of right thinking people. If you sue on a statement you admit to be trueyou cannot succeed.



  • Registered Users, Registered Users 2 Posts: 21,327 ✭✭✭✭Donald Trump



    Nope, again you are trying to argue something which was never stated. The simple point which you are trying to confuse is whether a statement needs to be false to be defamatory. It does not. Read the act. https://www.irishstatutebook.ie/eli/2009/act/31/section/2/enacted/en/html#sec2

    “ defamatory statement” means a statement that tends to injure a person’s reputation in the eyes of reasonable members of society, and “defamatory” shall be construed accordingly;

    A statement which is true can indeed injure a persons reputation. Let me give you a hypothetical example. Suppose there is a person who is relatively high profile CEO of a charity on homelessness in Dublin. He gets a lot of plaudits and praise and recognition of his efforts in the media. I am a journalist and it comes to my attention that this fella is actually using his position to secretly abuse vulnerable people. I publish a statement to that effect in my paper on a Wednesday. Has that statement injured that person's reputation is the eyes of reasonable members of society? Would you, as a presumably reasonable member of society have the same regard for that person the day before you read that story, Tuesday, and the day after you read it, Thursday?

    Lets suppose the published statement is accurate. In order to argue that it is not defamatory, you will now have to argue that that statement did not change your, a reasonable member of society, opinion of that CEO. You can't go back in time to the day before and retrospectively change what your opinion was of him on a Tuesday. Therefore in order for you to prove your claim that the statement is not in and of itself a defamatory statement, you would have to convince me that the published story did not diminish your regard for the man at all. in other words, the fact that he was using his position to abuse vulnerable people made no difference to the high regard you held him in for being in that position.


    So that is the legal definition of "defamatory statement". Proving a statement was defamatory is not sufficient to win a case for damages. There are defenses, one of which is the truth of the statement. If used successfully the defamatory statement is still defamatory, just that no damages are awarded.

    Post edited by Donald Trump on


  • Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    "If you bring a defamation case you have to plead that the offending statement was false"

    The plaintiff does not have to make such a pleading because a statement which is true can be defamatory, that is a fact, defamation is not reliant on a statement being false, the defence of truth is however reliant on the defendant establishing the truth of the statement in all material respects, but that is defence to an action for defamation, not a deciding factor in weather or not the statement was defamatory or not in the first place. It is important to note there is a difference between a defamatory statement and an action in tort for defamation, there is a defence of truth to the latter.

    You could for example take an action for so called simple conspiracy for a truthful but defamatory statement.

    Also, at common law a true statement is actionable when portrayed in a misleading way or context.

    We had a previous discussion on the point here:-


    Post edited by GM228 on


  • Registered Users, Registered Users 2 Posts: 6,773 ✭✭✭Claw Hammer


    What you are talikng about there is innuendo. A true statement is used t6o imply something with is not true.



  • Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    I wasn't talking about innuendo, though it would be similar to false/popular innuendo.

    Post edited by GM228 on


  • Registered Users, Registered Users 2 Posts: 27,430 ✭✭✭✭Peregrinus


    No. If the plaintiff relies on innuendo, he does have to plead that.

    But a plaintiff does not, in general, have to plead or prove that the statement complained of is false. On the contrary, if the defendant wants to raise the defence of justification (i.e. the truth of the statement) he has to plead that the statement is true, and the onus is on him to prove that.



  • Registered Users, Registered Users 2 Posts: 6,773 ✭✭✭Claw Hammer


    The Plaintiff has to show that the statement damaged his reputation. A true statement can't damage a persons reputation. They have to plead that the statement meant something about the Plaintiff that was damaging their reputation. They have to plead that they do not have a reputation for doing whatever is alleged which necessarily implies that they plead that the statement is false.



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  • Registered Users, Registered Users 2 Posts: 27,430 ✭✭✭✭Peregrinus


    A true statement can certainly damage a person's reputation, if it's something discreditable to him that was previously unknown. Don't you think that, e.g., Rolf Harris's reuputation was damaged when it became known that he was a child abuser?

    Truth is an issue in a defamation action if, and only if, the defendant raises it, by way of a defence. And, if the defendant raises it, the defendant has to prove it.



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